How effectively does the judiciary protect civil liberties in the UK? The UK judiciary has several methods at its disposal that provide an effective protection of civil liberties in the UK. However, in practice there are several shortcomings that make these protections weak in the face of Parliamentary pressure, which will be demonstrated in this essay. In terms of rights protections, perhaps the most important development in the protection of rights in the UK has been the installation of the European Convention on Human Rights into UK law via the Human Rights Act 1998. This act effectively has provided a concrete document that outlines the rights of citizens.
A critical evaluation of the impact of the House of Lords decision in the Kennedy (2) case relating to the law of causation is indeed one of interest as it takes a careful look at the laws of causation also known as the transaction principle, its application in whole or in part in the cases to which it applies. First and foremost recognition must be given to the Kennedy case as it accolades such importance that it indeed had and still has an effect on the already existing law of causation if at all there was an impact, and still irks the interest of scholars. This essay will explore in part such pivotal terms as manslaughter, the facts of the case in question and delve deep into the laws of causation, causation itself, determine if indeed the decision of the House of Lords had any effect or impact on the laws of causation. The case went through the court ranks and finally stopping at the house of lords; criminal charges of Homicide-Manslaughter (involuntary manslaughter<constructive manslaughter> to be precise- the unlawful killing without having the intention to kill) were brought against the appellant and the supply of a class A drug with the Offences against the Person Act 1861 (24 & 25 Vict c 100), s 23 , it
Sources of American Law Maria PLA1003 Intro to Paralegal August 16, 2012 It is very useful to learn how to use legal research in our modern society but the basic search that you most know is how to use your primary sources. Primary Source consists on Court decisions, statutes enacted by legislative bodies, rules and regulations created by administrative agencies, presidential orders, and any document establishing the law. Common law and case law consist on decisions and rules developed by judges in cases that comes before the courts and similar tribunals, this law is based on the English legal system; it impacted the law by making the authority to make law where no legislative statute exist, under the common law
It also incorporated The European Convention on Human Rights into UK law. Due to this act, the United Kingdom enjoyed a codified set of human rights for the first time. Prior to the introduction of this act, citizens only knew their rights in terms of the limitations of their freedoms. However, this Human Rights Act came into conflict with the state’s needs to maintain security and protection of the United Kingdom. A key example of this conflict was seen in the Afghan hijackers case.
This essay looks to discuss Parliamentary sovereignty as a constitutional relic and will argue that it has not been rendered obsolete by the supremacy of European law. This will be done by examining the relationship between the United Kingdom and the European Union. It will further argue that although the United Kingdom’s statutory recognition of the Human Rights Act 1998, in response to the convention of HR, may be seen to limit the supremacy of Parliament, it will prove that Parliament still reigns supreme. It will highlight that the doctrine of parliamentary sovereignty is a relevant and crucial doctrine within the United Kingdom’s constitution as it is essential for parliament to enact statutory law. This essay, taking all the above arguments into consideration, will conclude that Parliamentary sovereignty is very much alive within the UK constitution.
An example of a law created by Parliament is s.18 GBH under the Offences Against the Persons Act 1861 which carries a sanction of up to life imprisonment. The Oxford English definition of justice is ‘the administration of law or some other authority according to the principles of just behaviour and treatment.’ Just is also defined as ‘morally right and fair’ and ‘appropriate or deserved.’ Many philosophers have tried to define justice and their theories can be divided into three main areas, Justice as Harmony, Distributive Justice and Utilitarianism. Socrates and Plato theorised Justice as harmony. They said that a person’s souls has three elements; reason – the mind responsible for making decisions, spirit – human will responsible for carrying out decisions and desire – emotions that need to be controlled. They believe justice is achieved when all of these elements fulfil their functions and work in harmony.
Presumption is evidence that indirectly proves a fact. In Presumption a conclusion must be made while in an inference a conclusion may be drawn. 8)What is the function of judicial notice? Judicial notice refers to items that are commonly recognized as fact by court which is nonevidence facts that are introduced in jury trials as judicial instructions. Legislative Facts- Can be subdivided into three areas, legislative history of a relevant statute, interpretation of nonlegal facts used in a relevant legislative process, and information about the impact of extant law.
The U.S. Constitution established each branch. The role of each branch is very different but each has its own issues that require moral decision-making. It is because of ethics and moral reasoning we have laws, and we continue to need ethics to refine and perfect our legal system (Ruggiero, 2008 pg. 8) Congress is the legislative part of our government, which includes the Senate and the House of Representatives (Truman Library, 2009). The primary role of the legislative branch is to create laws.
Criminal Procedure and the Constitution - The U.S. Constitution and Due Process Judicial Review - what does that mean? where does it begin? where does it end? any specific examples, case law? Judicial review doctrine was established in order to stem the tyranny of the influential under which legislative and executive actions are subject to review by the judiciary.
The Human Rights Act came into result on October 2, 2000. Instead of taking a case to the European Court of Human Rights in France, litigants can enforce their rights in the UK. The Act will have an unprecedented effect in practically all areas of the UK legal systems. In line with those countries that have incorporated the `Convention' in domestic law, litigation is expected to increase. The wide body of Convention law, as well as decisions of the domestic courts of other states which have incorporated the Convention, now becomes an integral part of UK legal system .It has been said that this was one of the most significant changes to Britain’s legal system since the Magna Carta (1215).